The Independent Electoral And Boundaries Commission (Amendment) Bill, 2023 (National Assembly Bills No. 50) Of 2023

NAIROBI

P.0.B0x41842.00100,

11 SEP 2023

RECEIVEL NATIONAL ASSEMBL TCES

Bill,2023

The Independent Electoral and Boundaries Commission (Amendment)

1459

PAGE

Bill for Introduction into the National Assembly- CONTENT

NAIROBI,2ndAugust,03

NATIONALASSEMBLYBILLS,2023

KENYA GAZETTE SUPPLEMENT

REPUBLIC OF KENYA

Kenya Gazette Supplement No.141 (National Assembly Bills No.50)

Article 89 (7) (b) of the Constitution that takes into account the provisions of

(6) of the Constitution;

others areas as provided under Article 89

than forty per cent for cities and sparsely

populated areas and thirty per cent for

(i) allows for variation of margin of not more

(d) ensuring that the number of inhabitants in each such a processby Article 89(5) of the Constitution and that equal to the population quota as provided for constituency and ward is as nearly as possible, paragraph- substituting thereforthe following new

(a) in subsection (2) by deleting paragraph (d) and

4. Section 36 of the principal Act is amended-

No.9of2011. section36of Amendmentof

(e) provide a framework for the delimitation of constituencies and wards;

paragraph (d)-

inserting the following new paragraph immediately after

3. Section 3 of the principal Act is amended is

of2011.

Amendmentof

section 3 of No.9

Article 89(12) of the Constitution;

new definition in the proper alphabetical sequence-

Act), is amended in section 2 by inserting the following

Commission Act, (in this Act referred to as the "principal

2.The Independent Electoral and Boundaries

of2011. section2of No.9 Amendmentof and Boundaries Commission(Amendment) Act,2023.

1.This Act may be cited as the Independent Electoral

Short title.

ENACTED by theParliament of Kenya,as follows-

• AN ACT of Parliament to amend the Independent connected purposes Electoral and Boundaries Commission Act and for

A Bill for

BILL,2023

BOUNDARIES COMMISSION(AMENDMENT) THE INDEPENDENTELECTORAL AND

1460TheIndependent Electoral and Boundaries Commission(Amendment)Bill2023

provides for the progressive realization of that thenumberof inhabitants in each constituency and ward to be as nearly as possible,equal to the population quota for the purposes of the therequirement each review;

national census figures most recent to the review;and

(iv)is in line with the principle of universal representation and equality of vote.

immediately after subsection (2)-

(2A) Despite subsection (2),population quota consideration in the delimitation of electoral boundaries. shall bethe primary a provided under Article 89 (6) of the Constitution, the Commission shall, provide reasons for each variation and ensure such determination is in line with the principles of fair representation and makes (2B) Where theCommission equality of vote.

(2C) The Commission shall provide a criteria ofthe variations the recommended

(a)

under

population

Article 89 (6) of the Constitution;and boundaries as provide under Article 89

non-population criteria todetermine

(5)(a),(b) and (c) of the Constitution.

the following new subsection-

(c) by deleting subsection (3) and substituting therefor

• (3) The Commission shall prepare and publish a preliminary report outlining -

2. (a) the proposed delimitation of boundaries for constituencies and wards;

(7)(b).

(d)howthe consideration the provisions of Article 89 Commission has taken into and

(c) any variation in population quota margin as Constitution and reasons for such variation; providedunderArticle89(6)ofthe

(b) the delimitation; demographical details relating to such specific geographical and The IndependentElectoral and BoundariesCommission(Amendment)Bill20231461

MEMORANDUM OF OBJECTSAND REASONS

The principal object of this Bill is to amend the Independent Electoral and Boundaries Commission Act,2011 to ensure equal franchise amongst constituencies and ensure the use of other non-population criteria representation and equality ofvote.

Clause I of the Bill is the short title Clause 2of the Bill seeks to amend section 2 of the principal Act to Clause 3 of the Bill seeks to amend section 3 of the principal Act to provide for delimitation of constituencies and wards as another object of provide for the definition of "population quota" the principal Act.

Clause 4 of the Bill seeks to amend section 36 of the Independent Electoral and Boundaries Commission Act,2011 to ensure any variation of population quota is in line with the limits set out in Article 89(6) of the Constitution and that reasons are given and published for such variation. The Bill also seeks to ensure the variation in population quota limits as set in the Constitution do no result in demographic in equality or discrimination of any constituency or county.

fundamental rights and freedoms

Statement on the delegation of legislative powers and limitation of The Bill does not delegate legislative powers and does not limit any fundamental rights and freedoms.

Indication of whether the Bill concerns county governments The Bill may affect the functions and powers of County Governments as set out in the Fourth Schedule to the Constitution as it relates to the Statement that the Bill is a money Bill within the meaning of Article delimitation of boundaries and is therefore a Bill concerning counties. 114 of the Constitution The enactment of this Bill shall not occasion additional expenditure of public funds to be provided for through the annual estimates.

Dated the 10th August, 2023.

Member of Parliament. HON.MWANGI KIUNJURI,

The IndependentElectoral andBoundariesCommission(Amendment) Bill,20231463

| Constitution that provides for the progressive realization of takes into account the provisions of Article 89 (7) (b) of the | (i)allows for variation of margin of not more than the limits to cities, sparsely populated areas and other areas; provided under Article 89 (6) of the Constitution in relation | (c) re-distribution of wards affected by any changes in the boundaries (b)review of the number,names and boundaries of wards; of constituencies;and | (a) review of the names and boundaries of constituencies; | delimitation of electoral boundaries are - the Constitution,this Act and any other law. delimitation of boundaries of constituencies and wards in accordance with (2) Subject to the Constitution,matters to be addressed in the | Procedure for delimitation of electoral boundaries Section 36 of No.8of 2011 which it is proposed to amend- (d)establish mechanisms for the Commission to facilitate the Constitution consulations with interested parties pursuant to Article 89 (7) or | (c) provide for the owner or the exercise or the powers, Article 88(5) of the Constitution;and responsibilities and functions of the Commission pursuant to Constitution | (b) provide a legal framework for the identification and appointment pursuant to Article 250 (2) and 88 (1),(2) and (3) of the of the chairperson.members and the secretary of the Commission and National government levels; of the Commission to supervise elections and refrenda at County | |--------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

1464TheIndependent Electoral andBoundaries Commission(Amendment)Bill,2023

the requirement that the number of inhabitants in each constituency and ward to be as nearly as possible,equal to the population quota for the purposes of the each review;

(i) is subject to the use of enumerated national census figures.

outlining-

(a) the proposed delimitation of boundaries for constituencies and wards;and

(b) the specific geographical;and

(c) demographical details relating to such delimitation.

(4) The Commission shall ensure that the preliminary report is made available to the public for a period of thirty days and invite representations (5) Upon the expiry of the period provided in subsection (4),the Commission shall,within fourteen days,review the proposed delimitation of boundaries considering the views received and submit the revised preliminary report to the Parliamentary Committee.

(6) The Parliamentary Committee shall,within fourteen days of receipt of the revised preliminary report, table the report in the National Assembly together with its recommendations.

(7) The National Assembly shall,within fourteen days of the tabling of the revised preliminary report, consider the report and forward its recommendations to the Commission.

(8) Within fourteen days of the expiry of the period provided for in subsection (7), the Commission shall upon receipt and considerations of the National Assembly and representations from the public,prepare the final report for publication in the Gazette.

(9) Where the National Assembly fails to make recommendations within the period specified in subsection (7),the Commission shall publish its report in accordance with subsection (8).

Gazette of the final report submitted under this subsection fails to publish the report within the time required by the Commission after the report has imprisonment for a term of one year.

(11) Notwithstanding any other writen law,where the final report is